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(영문) 서울북부지방법원 2018.08.16 2018고단2210
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, only 100,000.

Reasons

Punishment of the crime

The defendant is a driver of a vehicle with soflurd C.

1. On May 15, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) was under the influence of alcohol content of 0.197% during blood transfusion on May 15, 2018, the Defendant driven the front road of Nowon-gu in Seoul Special Metropolitan City at an irregular speed in the direction set off against the front road of Nowon-gu in Seoul Special Metropolitan City.

In such cases, there was a duty of care to prevent accidents in advance by immediately stopping the operation of a vehicle to a person engaged in driving a motor vehicle, driving a vehicle on the front side, and accurately operating the steering and steering devices.

Nevertheless, the Defendant was negligent in operating as it is under the influence of alcohol, and the part behind the victim E(54) driving prior to the Defendant’s proceeding was followed by the victim E(54) driving vehicle and the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant driven a vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as the need for a two-day medical treatment for the victim E, pelvise, tension, etc.

2. On May 15, 2018, the Defendant was under the influence of alcohol level of 0.197% among blood transfusions on May 15, 2018, the Defendant driven CAW-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report;

1. A report on detection of a driver who engages in driving, inquiry into the results of crackdown on drinking driving, a statement of the circumstances of the driver who engages in driving, and an investigation report (a report on the circumstances of the driver who engages

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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